24 Provincial Court Proceedings, 1679.

Liber W. C. Robert Carvile agt Gerard Slye Adr Richd Chillman

Gerard Slye late of St Maryes County Admr of all and singuler the Goods & Chattles of Richard Chillman deceased was Attached to Answer unto Robert Carvile one of the Attorneys of this Court according to the priviledges &c of a plea that he

		render unto him foure thousand foure hundred pounds of tobacco which from him he unjustly detaines. And whereupon the said Robert in his proper person saith that whereas the said Richard upon the One & twentieth day of Novembr in the yeare of our Lord One thousand six hundred Seventy seven, by his certaine on writing obligatory Sealed with the Seale of him the said Richard & here in Court produced whose date is the day & yeare aforesaid, did confesse & acknowledge himselfe to be holden & firmly bounden unto the said Robert in the full & just Sume of foure thousand foure hundred pounds of good sound Mrchantable tobacco in cask, to be paid to the said Robert To the which paymt well & truely to be made, the said Richard bound himselfe his heyres Exrs & Admrs by those prsents Yet notwithstanding the said Richard in his life tyme, the said Sume of foure thousand four hundred pounds of tobacco to him the said Robert, nor he the said Gerard since his death the said Sume of foure thousand foure hundred pounds of tobacco to him the said Robert thereunto re- quested have not paid or satisfied, but the said Sume to pay & satisfie the said Gerard hath hitherto & still doth deny & refuse to pay to the damage of the said Robert six thousand pounds of tobacco & thereupon he bringeth his suite And the said Gerard by Christopher Rousby his Attorney cometh & defendeth the force & injury when &c and prayeth the hearing of the writing aforesaid & itt is read unto him, he also prayeth the hearing of the Condicofi of the writing aforesaid & itt is read unto him in these words, The Condicofi of this Obligacon is such, that if the above bounden Richard Chilman his heyres Exrs Admrs or assignes or either of them doe well & truely pay or cause to be paid unto the above named Robert Carvile his Exrs Admrs or assignes the full & just Sume or quantity of two thousand two hundred pounds of good sound Mrchantable tobacco in caske convenient in St Maryes County att or upon the tenth day of Octobr next ensuing the date of these prsents without fraud or covin, that then this prsent Obligacon to be void & of none effect, but if default shall happen to be made in the paymt aforesaid contrary to the true
	p. 24	intent & meaning of These prsents That then this Obligacon to stand remaine & be in full force strength & vertue, which being read & heard the said Gerard Slye by his Attorney aforesaid saith that he is not informed by the said Gerard of any answer by him to the action of the said Robert to be given, & nothing else saith there-